LexisNexis® Legal Newsroom
California EAMS: Issues to Consider Before Submitting Your Settlement Docs

By Colleen S. Casey Copyright © 2012. All rights reserved. Listed below are several issues to consider before submitting a document for approval by a workers’ compensation judge (WCJ). Walk Through Document Defined: A “walk-through” document is defined by 8 CCR §10280...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Larson's Spotlight on Recent Cases: Disabled Officer Failed to Disclose Status as Horse Trainer

Larson's Spotlight on Fraud, Attorney's Fees, Retaliatory Discharge, and Going and Coming. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. ...

California Workers' Comp Case Roundup (4/5/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 3 March 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California Workers' Comp Case Roundup (5/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California: WCAB Applies Neri Hernandez to Home Health Care Services Cases

The WCAB has issued two noteworthy panel decisions involving home health care services in light of Neri Hernandez (en banc). In each of these decisions, which involved critically injured workers, the WCAB has signaled in very strong terms that it will not tolerate a defendant's bad-faith or frivolous...

Deposition Procedures Not Required for Vocational Expert Interviews: Cal. Comp. Cases September Advanced Postings (8/29/2014)

Here’s the first batch of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. James Fetner, Petitioner v. Workers'...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

LHWCA Attorney Fee Shifting After Lincoln v. Director, OWCP (Everywhere but the 9th Circuit)

By Monica Fekete Markovich and Alexandra Wood, Brown Sims, P.C., Houston, Texas At the outset of a Longshore and Harbor Workers’ Compensation Act (“LHWCA,” 33 U.S.C.S. § 901 et seq .) claim, only the claimant may bear any responsibility for the payment of his attorney’s...

Tackling the Elephant in the Room: Exclusive Remedy

How I spent my time at the National Workers’ Compensation & Disability Conference discussing the exclusive remedy doctrine By Deborah G. Kohl, Esq. As all workers’ compensation practitioners know exclusive remedy is the linchpin of the “great social bargain” underlying...

Injured Worker Deported From U.S. Could Testify Via Skype: Cal. Comp. Cases May/June Advanced Postings (5/27/2015)

Here are the fifth batch of advanced postings for the May 2015 issue and the first batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis...

Florida Workers’ Compensation: The Great Wait

All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis) was prepared we noted two significant...

Missouri: Commission Caps Fees in an Undisputed Death Case

The Commission capped attorney’s fees on a death case and found a contract for a 25% contingency fee was not fair and reasonable. Bynum, dec. v Bynum et al, 2016 MO WCLR Lexis 29 (May 3 2016) (Lexis Advance), 2016 MO WCLR Lexis 29 (May 3 2016) (lexis.com) involved a claimant who had a severe...

Tennessee: Insurer Gets Stung for $27,000 in Attorney’s Fees In $187 Utilization Review Dispute

A workers’ compensation insurer for a Tennessee employer, who sought utilization review regarding two trigger point injections, totaling $187, to treat an injured worker’s back pain and who stood its ground when the UR provider opined that the injections were medically unnecessary, has been...

Idaho: Award of Attorney’s Fees Was Erroneous Where Claimant Was Not Entitled to Compensation Benefits

The Supreme Court of Idaho, in a split decision, held that in order to award attorney’s fees under the third instance of Idaho Code Ann. § 72–804, the Industrial Commission must determine that an employer or surety, without reasonable grounds, discontinued payment of compensation that...

Florida Workers' Compensation Update (June 2017)

We are now more than one year since the Florida Supreme Court issued its long awaited decision in Castellanos v. Next Door Company et. al. and its decision in Miles v. City of Edgewater Police Department/Preferred Governmental Claims Solutions and the State of Florida . As most know, Castellanos brought...